Saturday, November 29, 2008

MCL vs SCAC

Sec 10 of the Dog law of 1919 says a kennel owner may purchase a kennel licenses in lieu of individual dog licenses.

I would interpret that to mean a person who owns more than 3 dogs can purchase individual dog licenses for their four or more dogs and they are not required to get a kennel license.

The Shiawassee County Animal Control Ordinance says a lot of things about kennels the county has no authority to say, but it also says:
Section 7. Any person who own, keeps or operates a kennel may,
In lieu of individual licenses required
under this ordinance and
under the laws of the State of Michigan,
apply to the Treasurer for a kennel license
intitling him/her to own, keep or operate
such kennel in accordance with the applicable laws and
the fee for same shall be in accordance with the laws of the state
or as established by the rules and regulations of licensing fees by
the Board of Commissioners.

Section 8. Any person owning a kennel shall obtain a kennel license upon commencement of kennel operations from the County Treasurer.

Sections 7 and 8 do appear to contradict each other and this could be declared void for vagueness. They also contravene state law and are null and void.

The instructions to the dog license sellers to not sell more than 4 individual dog licenses to an address and to tell those people they must contact animal control to obtain a kennel license, needs to be rescinded (this will result in more revenue).

If anything, the license sellers should inform people with more than 4 dogs that they may obtain a kennel license, in lieu of individual licenses. For a new kennel they need to contact animal control and have animal control inspect, as per Dept AG Admin Rule for reasonable sanitary requirements. The kennel license is $10 for up to 10 dogs and $25 for more than 10 dogs. They could be provided a copy of the Admin Rule.

A renewal on an existing kennel does not require an inspection.

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